Mollard v. Austin

STURGIS, Chief Judge.

The appellee, a licensed practicing nurse, hereinafter referred to as the petitioner, was employed on February 22, 1950 by Mary Mitchell Mollard who on April 24, 1953 executed a will bequeathing $5,000 to petitioner on condition that she was still in the employ of testator at the time of her death. The residuary legatee was John Thorne Mollard, testator’s husband, who was familiar with the will and the subject legacy long prior to testator’s death on September 2, 1954, following which he qualified as executor thereof.

Petitioner continued actively in performance of the…